Agenda 04/11/2017 Item #16J 604/11/2017
EXECUTIVE SUMMARY
The Clerk of the Circuit Court and Comptroller, pursuant to the approval of the BCC at the
January 10, 2017 Board meeting negotiated with B.Q. Concrete, L.L.C. in care of Joseph D. Zaks,
Esq. and Roetzel and Andress Trust Account, regarding outstanding payment requests. The Clerk
has now completed his audit and reached a settlement of claims with B.Q. Concrete, L.L.C. in the
amount of $140,694.29.
OBJECTIVE: For the BCC to be informed of the results of the negotiated settlement betwee n B.Q.
Concrete, L.L.C. and Dwight E Brock, as Clerk of the Circuit Court and Comptroller of Collier County,
Florida, as approved by the Board.
CONSIDERATIONS: The BCC at its January 10, 2017 meeting approved settlement of staff approved
invoices valued at $185,617.17, as presented by B.Q. Concrete, L.L.C., for payment by the Clerk of
Courts and Comptroller.
Pursuant to the January 10, 2017 Board’s approval, the Clerk has been involved in negotiations with
counsel for Buddy Quarles/B.Q, Concrete, L.L.C., to settle the claims on behalf of the taxpayers. In an
effort to protect the taxpayers from the expense of needless litigation, the following amounts will
deducted from invoices owed to B.Q. Concrete, L.L.C. and/or Buddy Quarles, as follows:
$39,922.88 will be remitted to the BCC for unsubstantiated invoices;
$5,000.00 will be paid to the Clerk, for reimbursement of attorney’s fees in this matter; and
$140,694.29 will be tendered to B.Q. Concrete, L.L.C. in a check made payable to B.Q. Concrete,
L.L.C. in care of Joseph D. Zaks, Esq. and Rotzel and Andress Trust Account, as settlement for
any outstanding claims it has against the BCC or the Clerk.
This final amount was based upon negotiations between the Clerk of Courts and legal counsel for B.Q.
Concrete, L.L.C., with the full and complete understanding that this would resolve all outstanding legal
matters between the parties. The parties agree and are satisfied that this resolution will end this matter
without the BCC or the Clerk spending additional time and taxpayer money for further costly litigation
over this matter.
FISCAL IMPACT: $140,694.29
GROWTH MANAGEMENT IMPACT: N/A
LEGAL CONSIDERATIONS: This is a negotiated settlement of matters involving the BCC and B.Q.
Concrete, L.L.C. and/or Buddy Quarles.
RECOMMENDATION: N/A
Prepared by: James D. Molenaar, Esq., Deputy Clerk of the Circuit Court and Comptroller
ATTACHMENT(S)
1. January 10 2017 Minutes (Consent Agenda Approval) (PDF)
2. January 102017 Index (PDF)
3. DOC003 (PDF)
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04/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.J.6
Doc ID: 3014
Item Summary: The Clerk of the Circuit Court and Comptroller, pursuant to the approval of the
BCC at the January 10, 2017 Board meeting negotiated with B.Q. Concrete, L.L.C. in care of Joseph D .
Zaks, Esq. and Roetzel and Andress Trust Account, regarding outstanding payment requests. The Clerk
has now completed his audit and reached a settlement of claims with B.Q. Concrete, L.L.C. in the amount
of $140,694.29.
Meeting Date: 04/11/2017
Prepared by:
Title: Fiscal Technician I – Clerk of the Circuit Court
Name: Jennifer Milum
04/05/2017 4:12 PM
Submitted by:
Title: Fiscal Technician I – Clerk of the Circuit Court
Name: Jennifer Milum
04/05/2017 4:12 PM
Approved By:
Review:
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 04/05/2017 1:15 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 04/05/2017 4:18 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/05/2017 4:20 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/11/2017 9:00 AM
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(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you. And, Leo?
Item#2A
January 10, 2017
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AND SUMMARY AGENDAS.) -APPROVED
AND/OR ADOPTED W/CHANGES
MR. OCHS: Yes, ma'am. Good morning, Madam Chair,
members of the board.
These are the proposed agenda changes for the Board of County
Commissioners meeting of January 10, 2017.
I have just one change to the agenda this morning,
Commissioners, and that is a request to continue Item 16Al from your
consent agenda to the February 14, 2017, BCC meeting. That is a
recommendation to hold a public hearing to consider vacating a public
right-o~-way. That item was requested for continuance by both
Commissioner Fiala and Commissioner Taylor, separately.
Just a couple reminders. We have court reporter breaks set for
10:30 and 2:50 in the afternoon if necessary. Item 7 on your agenda,
public comment on general topics not on the current or future agenda,
is to be heard at 1 p.m. or at the conclusion of today's agenda,
whichever occurs first; likewise, Item 9, your advertised public
hearings, are heard typically no sooner than 1 p.m. or at the conclusion
of the agenda, whichever occurs first.
With regard to Item 9, Commissioners, we have notified the
participants and the petitioners that we expect to get to those items this
morning and, obviously, by the turnout, I think they all got the
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January 10, 2017
message, so I think they're ready to go.
CHAIRMAN FIALA: I thought they were just here because they
wanted to enjoy the meeting.
MR. OCHS: Well, that could be, too, ma'am.
That's all the changes I have, Commissioners.
CHAIRMAN FIALA: Thank you very much.
County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRMAN FIALA: Very good.
Commissioners, would you --we will start with Commissioner
McDaniel today. Do you have anything to add to the --to the consent
agenda, any changes, or any ex parte?
COMMISSIONER McDANIEL: I do have ex parte.
CHAIRMAN FIALA: Okay.
COMMISSIONER McDANIEL: And that's with regard to the
entire process. On the advertised public hearings, 9 A, B and C --
CHAIRMAN FIALA: Well, that will be when 9A and B come
up.
COMMISSIONER McDANIEL: Okay.
MR. OCHS: We're doing ex parte on the consent and summary
agenda right now, Commissioners.
COMMISSIONER McDANIEL: Let me make sure, then, on
summary. Just on 16A8, I did have meetings with staff.
out.
CHAIRMAN FIALA: Okay.
COMMISSIONER McDANIEL: Forgive me. I'll get this figured
CHAIRMAN FIALA: I didn't mean to --
COMMISSIONER McDANIEL: It's okay.
CHAIRMAN FIALA: --correct. Please forgive. He's an old
friend. He's a good guy, so ...
COMMISSIONER McDANIEL: It's my second meeting.
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January 10, 2017
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, on the consent agenda, 9D, I
just had some meetings and, frankly, there were telephone meetings
and not specific conversations, but conversations with staff, and no
other changes or additions on the agenda.
CHAIRMAN FIALA: Thank you very much. I have no changes
nor corrections, no additions. And on the consent agenda, I wanted to
declare that I had a file going for 16A9, which is Oyster Harbor at
Fiddler's Creek, but I spoke with no one on that item. Thank you.
Commissioner Solis?
COMMISSIONER SOLIS: Good morning. I have received
some correspondence on 9D, and I also will be --I will not be voting
on the appointment to the Construction Licensing Board, Matthew
Nolan.
COMMISSIONER SAUNDERS: Madam Chair, I don't have any
changes to the agenda and no disclosures on the consent agenda or
summary agenda.
CHAIRMAN FIALA: Very good. Thank you, sir.
COMMISSIONER McDANIEL: Madam Chair, just as a point of
clarification, it was my understanding that 9D was an advertised public
hearing.
CHAIRMAN FIALA: It is, and I was going to mention it, and I
thought, well, maybe he didn't hear that, so... It is an advertised public
hearing.
COMMISSIONER TAYLOR: So we wait until that?
COMMISSIONER McDANIEL: We are waiting till then before
we disclose those ex partes.
CHAIRMAN FIALA: It's only consent and summary. And the
reason they have to do that, let me just say so that everybody
understands --well, now that we're talking about it a little bit --is
when those subjects come up, we actually discuss them; whereas,
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everything on the consent and summary we don't discuss; we approve
it right now, and approve, like, 90 items all at the same time, so that's ·
why we have to do that.
COMMISSIONER McDANIEL: Understood.
COMMISSIONER TAYLOR: I misled. I was incorrect.
COMMISSIONER McDANIEL: Oh, fine.
CHAIRMAN FIALA: You were just fine. Don't even wony
about it.
COMMISSIONER TAYLOR: I was joyful because Clemson
beat Alabama last night.
COMMISSIONER SOLIS: You know, I was waiting for that
today, and I still don't want to talk about it.
CHAIRMAN FIALA: And so with that, may I have a motion to
approve the agenda as written.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. Let's move on. Leo?
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Packet Pg. 1194 Attachment: January 10 2017 Minutes (Consent Agenda Approval) (3014 : Settlement)
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
January 10, 2017
9:00 AM
Commissioner Donna Fiala, District 1 -BCC Chair
Commissioner Andy Solis, District 2
Commissioner Burt Saunders, District 3
Commissioner Penny Taylor, District 4-CRAB Vice-Chair TDC Chair
Commissioner William L. McDaniel, Jr., District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE
CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT
ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH
EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR
TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
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January 10, 2017
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Packet Pg. 1195 Attachment: January 102017 Index (3014 : Settlement)
bulbs on the poles on Gulf Park Drive.
As detailed in the Executive Summary
3) Recommendation to award ITB # 16-7019, Printing of Visitor Guides
to Graphic Reproductions, Inc. for the Tourism Division to print
2017 Collier County Visitor Guides for a not to exceed amount of
$52,448.00 and make a finding that this action promotes tourism.
For the past 5 years, costs have ranged between $40,353 and
$42,727 to print the annual guide
G. AIRPORT AUTHORITY
l) Recommendation to accept staffs assessment regarding an unsolicited
proposal for scheduled air charter service from Marco Island
Executive Airport to Key West.
As detailed in the Executive Summary
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
.J. OTHER CONSTITUTIONAL OFFICERS
l) Request that the Board of County Commissioners approve the use of
$3 ,000 from the Confiscated Trust Funds to support the 3 lst National
Conference on Preventing Crime in the Black Community (Orange
County Sheriffs Office).
2) Pursuant to the Board's Purchasing Ordinance 2013-69, as amended,
request that the Board approve and determine valid public purpose for
invoices payable and purchasing card transactions as of January 4,
2017.
3) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between December l to December 28, 2016 pursuant to
Florida Statute 136.06.
4) Recommendation that the Board (BCC) approve the outstanding
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.January 10, 2017
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Packet Pg. 1196 Attachment: January 102017 Index (3014 : Settlement)
invoices from Buddy Quarlcs/BQ Concrete, LLC, which have been
approved by County staff, and authorize the Clerk to make payment(s)
as necessary to Buddy Quarles/SQ Concrete, LLC regarding
outstanding payment requests. The Clerk's Office has extensively
audited the invoices and will complete our audit and negotiations for
settlement of claims by the Clerk against Buddy Quarles/SQ
Concrete.
K. COUNTY ATTOR.t'lEY
I) Recommendation to approve a proposed Stipulated Final Judgment
in the amount of $1,200 for Parcel 161 TCE in the case styled Collier
County v. Robert E. Williams, Tr ., et al., Case No. 14-CA-816,
required for the expansion of Collier Blvd. from Green Blvd. to
Golden Gate Blvd., Project No. 68056. (Fiscal Impact: $890)
Regarding a 900 square foot right-of-way temporary construction
easement on the west side of Collier Boulevard
2) Recommendation to reappoint three members to the Ochopee Fire
Control District Advisory Committee.
Resolution 2017-04: Re-appointing Robert Craig, Joel Anthony
Davis and Ronald Gilbert to terms expiring December 31, 2018
Commissioner Solis abstained from voting on Item #16K3 (Per Commissioner Solis
during agenda changes)
3) Recommendation to appoint a member to the Contractors Licensing
Board.
Resolution 2017-05: Appointing Matthew H. Nolton (General
Contractor Category) to fill a vacant seat expiring June 30, 2018
4) Recommendation to appoint a member to the Library Advisory Board.
Resolution 2017-06: Appointing Lynne C. Nordhoff (District #2
representative) to a term expiring December 31, 2020
17. SU.l\'1MARY AGENDA -This section is for advertised public hearings and
must meet the following criteria: l) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
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.January 10, 2017
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Packet Pg. 1197 Attachment: January 102017 Index (3014 : Settlement)
JOINTSTIPtiLATIONFORVOLtINTARYSITTL1’IENTWIThPREJUDICECOMESNOWtheParties,B.Q.CONCRETE,L.LC.,andDWIGIITF.BROCK,asClerkoftheCircuitCourtandComptrolicrofCoilicrCotinty,FL,(Clerk),byandthroughtheirundersignedcounsel,andherebyenterthisJOINTSTIPULATIONFORVOLUNTARYSETTLEMENTWITHPREJUDICEstateasFollows:•Thetotalamountofoutstanding/unpaidinvoicespresentedCollierCountybyB.Q.Concrete,L.L.C.is$185,617.17,whichhasbeenapprovedforpaymentbytheBoardofCountyCommissionerstoB.Q.Concrete,L.L.C.2.TheClerkinitsaudithasdeterminedthat$39,922.88ofthebillssubmittedbyB.Q.Concrete,L.L.C.areunsubstantiatedinvoices.ThePartieshaveagreedtosettlethismatteraccordingtothefollowing:a.)$140,694.29toB.Q.Concrete,L.L.C.,inacheckpayabletoB.Q.Concrete,L.L.C.incareofJosephD.Zaks,Esq.andRoetzelandAndressTrtistAccount.b.)$39,922.88willbedeductedfromtheinvoicessubmittedbyB.Q.ConcreteL.L.C.andwillremainintheaccountinthecustodyoftheClerkforusebytheCollierCountyBoardofCountyCommissioners.c.)$5,000.00willbepaidtotheClerk,forattorney’sfeespaidfundswhichwouldotherwisebepaidto3.Q.Concrete,L.L.C.inthismatter.PursuanttotheClerk’sCivilclaimsnoticetoB.Q.Concrete,L,L.C.,theClerkhasdemandedreimbursementfortheClerk’sattorneyfeesandthosefeeshavebeennegotiatedat$5,000.00,andwillbepaidbychecktotheCollierCountyClerkofCourts.[15-1603-CA113137631]16.J.6.c
Packet Pg. 1198 Attachment: DOC003 (3014 : Settlement)
3.ThisSettlementandStipulationwillresolvetheClerk’stwodemandsunderFlorida’sCivilTheftStatute,withprejudice,andanyclaimsB.Q.Concrete,L.L.C.mayhaveregardingtheinvoicesoutstanding.WHEREFORE,B.Q.CONCRETE,L.L.C.,andDWIGI-ITE.BROCK,asClerkoftheCircuitCourtandComptrollerofCollierCounty,FLdoherebyenterintothisagreementandsettlementofthcirownaccord,thisDayofMarch2017.CircuitCourt&ComptrollerCollierCounty,FLNapic15-I603-CA/I313763/1]716.J.6.c
Packet Pg. 1199 Attachment: DOC003 (3014 : Settlement)